Question

PRINCIPLE: Nuisance as a tort (civil wrong) means an unlawful interference with a person’s use or enjoyment of land, or some right over, or in connection with it.
FACT: During the scarcity of onions, long queues were made outside the defendant’s shop who having a license to sell fruits and vegetables used to sell only 1 Kg. of onion per ration card. The queues extended on to the highway and also caused some obstruction to the neighboring shops. The neighboring shopkeepers brought an action for nuisance against the defendant.

• A. : The defendant is liable for nuisance
• B. : The defendant was not liable for nuisance
• C. : The defendant was liable under the principle of strict liability
• D. : The plaintiff's suit should be decreed in his favour

Hint:

Even lawful activities can result in nuisance if they substantially interfere with others' rights.

Answer 1

The Correct Option is A

Nuisance includes any unreasonable and substantial interference with others' rights to enjoy their property.
In this case:
Long queues outside the defendant’s shop blocked access and caused inconvenience to neighboring shops.
Even though the act of selling onions was lawful, the consequence (obstruction to business) interfered with others’ rights.
Hence, it amounts to actionable nuisance. \fbox{Final Answer: (A): The defendant is liable for nuisance}